NRS 687B.145 (2) and (3) obligate “insurance companies transacting motor vehicle insurance” to offer its insureds Uninsured / Underinsured and Medical Payments coverage to its insureds in and amounts equal to the amount of liability coverage that the insured carries. If there is no signed waiver on a form approved by the insurance commissioner, then that policy is deemed to carry UM/UIM and MP coverage. See our blog post HERE for a discussion on this topic. So then the question came up: Is a … [Read more...]
Rental Car Agencies Are Not Insurance Companies And Are Not Subject To The “Must Offer” Obligations Of NRS 687B.145 (2) And (3)
“You Heard It Right The First Time!” The Nevada Supreme Court Reaffirms and Clarifies the Salas Decision In Hall V. Enterprise Leasing Co.
In a previous blog post HERE, we discussed the case of Alamo Rent-A-Car v. State Farm. The Alamo decision concluded that as between the personal liability coverage of the driver and the statutorily created rental car coverage or self-insurance of NRS 482.305(1), the personal liability coverage of the driver is primary. Unanswered in the Alamo opinion was what would happen if the claimant’s damages were to exceed the policy limit of the driver’s personal policy. That issue was addressed in … [Read more...]
Even Where the Policy Language Conflicts, The Renter’s Personal Auto Policy Is Primary To The Rent-A-Car’s Financial Responsibility Coverage
The case of Alamo Rent-A-Car v. State Farm, 114 Nev. 154, 953 P.2d 1074 (1998) was a high-stakes showdown between a rental car company and two personal auto insurance companies, State Farm and Valley Forge. As you know, Nevada law requires that a rental car company must provide proof of financial responsibility on every car that the company puts on the road. NRS 482.295. And in this case, each driver had his or her own personal auto coverage. The dispute that the court was asked to resolve … [Read more...]